| Liberatore v Olivieri Dev. |
| 2004 NY Slip Op 04907 [8 AD3d 1133] |
| Decided on June 14, 2004 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on June 14, 2004
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: WISNER, J.P., HURLBUTT, KEHOE, MARTOCHE, AND LAWTON, JJ.
718 CA 04-00060
[*1]VICTOR LIBERATORE, SR., AND VICTOR LIBERATORE, JR., PLAINTIFFS-RESPONDENTS, ORDER
v
OLIVIERI DEVELOPMENT, INC., DARRYL OLIVIERI, AND GLEN OLIVIERI, DEFENDANTS-APPELLANTS. (ACTION NO. 1.) ————————————————————————
OLIVIERI & SONS, INC., ET AL., PLAINTIFFS,
v
VICTOR LIBERATORE, SR., ET AL., DEFENDANTS. (ACTION NO. 2.)
Appeal from an order of the Erie County Court (Timothy J. Drury, J.), entered July 9, 2003. The order determined that defendants in action No. 1 are personally liable for interest due on the mortgage on the property they own and on the obligation related to the equipment they own and denied plaintiffs' motion seeking cancellation of satisfactions of mortgages and reinstatement of certain mortgages and liens.
LAW OFFICE OF RALPH C. LORIGO, WEST SENECA (RALPH C. LORIGO OF COUNSEL), FOR DEFENDANTS-APPELLANTS.
SIEGEL, KELLEHER & KAHN, BUFFALO (STEVEN G. WISEMAN OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed with costs.
Entered: June 14, 2004
JoAnn M. Wahl
Clerk of the Court